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Supreme Court delays order for North Carolina to redraw maps
Legal Career News | 2018/01/14 10:40
The U.S. Supreme Court on Thursday delayed a lower-court order that would have forced North Carolina Republican lawmakers to redraw the state's congressional districts by next week because of excessive partisan bias in current lines.

The justices announced the stay after legal briefs were filed for and against the GOP legislators' request for a delay. Their lawyers successfully argued that a three-judge panel's ruling last week declaring the state congressional map an illegal partisan gerrymander should be on hold while similar cases involving Wisconsin legislative districts and one Maryland congressional district before the Supreme Court are considered. The court has never declared that the inherently political process of redistricting can be too partisan.

Voter advocacy groups and Democratic voters who sued over the map — heavily weighted toward Republicans in a closely divided state — argued no delay was necessary because it would be struck down however the justices rule in the other cases.

The Supreme Court's order said the delay remains in place while the case is appealed. The request was considered by the entire court, and Justices Ruth Bader Ginsburg and Sonia Sotomayor would have denied the request for the delay, according to the order.

GOP Rep. David Lewis and Sen. Ralph Hise, redistricting leaders at the state General Assembly, praised the intervention in a release. "We are grateful that a bipartisan U.S. Supreme Court has overwhelmingly halted the lower court's 11th-hour attempt to intervene in election outcomes" and restored certainty to voters about their districts, they said.



Supreme Court declines gay rights work discrimination case
Legal Career News | 2017/12/09 11:06
The Supreme Court is leaving in place a lower court ruling that a federal employment discrimination law doesn't protect a person against discrimination based on their sexual orientation.

The court on Monday declined to take up the question of whether a law that bars workplace discrimination "because of...sex" covers discrimination against someone because of their sexual orientation.

President Barack Obama's Equal Employment Opportunity Commission took the view that it does. But President Donald Trump's administration has argued that Title VII of the Civil Rights Act of 1964 bars discrimination based on gender but doesn't cover sexual orientation. Federal appeals courts are split on the issue. That means the issue is likely to come to the court again.

The case the Supreme Court declined to take involved Jameka Evans, a gay woman who worked as a hospital security officer in Georgia. Lower courts said she couldn't use Title VII to sue for discrimination.

The Supreme Court didn't explain why it was declining to hear the case. But the hospital where Evans worked, Georgia Regional Hospital, told the court there were technical legal problems with the case.


Travel ban is headed back to a federal appeals court in Virginia
Legal Career News | 2017/12/02 11:06
Thirteen judges on the 4th U.S. Circuit Court of Appeals will be asked to decide if the ban violates the constitution by discriminating against Muslims, as opponents say, or is necessary to protect national security, as the Trump administration says.

The hearing scheduled Friday comes four days after the U.S. Supreme Court ruled that the Trump administration can fully enforce the ban even as the separate challenges continue before the Richmond, Virginia-based 4th Circuit and the San Francisco-based 9th Circuit appeals courts.

The 4th Circuit is being asked to reverse the decision of a Maryland judge whose injunction in October barred the administration from enforcing the ban against travelers from Chad, Iran, Libya, Somalia, Syria and Yemen who have bona fide relationships with people or organizations in the U.S. The ban also applies to travelers from North Korea and to some Venezuelan government officials and their families, but the lawsuits didn't challenge those restrictions.

Trump announced his initial travel ban on citizens of certain Muslim-majority nations in late January, bringing havoc and protests to airports around the country. A federal judge in Seattle soon blocked it, and courts since then have wrestled with the restrictions as the administration has rewritten them. The latest version blocks travelers from the listed countries to varying degrees, allowing for students from some of the countries while blocking other business travelers and tourists, and allowing for admissions on a case-by-case basis.

Opponents say the latest version of the ban is another attempt by Trump to fulfill his campaign pledge to keep Muslims out of the U.S. The administration, however, says the ban is based on legitimate national security concerns.

The 4th Circuit rejected an earlier version in May, finding that it "drips with religious intolerance, animus and discrimination" toward Muslims. The judges cited Trump's campaign pledge on Muslim travelers, as well as tweets and remarks he has made since taking office.


The Latest: Senate panel approves tax overhaul bill
Legal Career News | 2017/11/20 11:23
Vice President Mike Pence says "now the ball is in the Senate's court," after the House voted Thursday to approve a $1.5 trillion overhaul of the nation's tax code.

At the Tax Foundation's 80th annual dinner in Washington, Pence said, "The next few weeks are going to be vitally important and they're going to be a challenge." But he said, "we're going to get it done" before the end of the year. Pence was being awarded the foundation's distinguished service award.

Pence is endorsing the Senate effort to repeal the Affordable Care Act individual mandate as part of its own tax reform plan.

He said: "While we're at it, we're going to cut taxes on working Americans when we repeal the Obamacare individual mandate tax in this tax reform bill."

Vice President Mike Pence says "now the ball is in the Senate's court," after the House voted Thursday to approve a $1.5 trillion overhaul of the nation's tax code.

At the Tax Foundation's 80th annual dinner in Washington, Pence said, "The next few weeks are going to be vitally important and they're going to be a challenge." But he said, "we're going to get it done" before the end of the year. Pence was being awarded the foundation's distinguished service award.

Pence is endorsing the Senate effort to repeal the Affordable Care Act individual mandate as part of its own tax reform plan.

He said: "While we're at it, we're going to cut taxes on working Americans when we repeal the Obamacare individual mandate tax in this tax reform bill."


Belgian court pushes back extradition hearing for 5 Catalans
Legal Career News | 2017/11/20 11:22
A court in Belgium on Friday pushed back the extradition arguments of ex-Catalan leader Carles Puigdemont and four allies until at least Dec. 4, likely keeping the secessionist rebels in Belgium right through Catalonia's regional election campaign.

The court hearing in Brussels for the five Catalans is the latest step in their flight from Spain to Brussels and their refusal to return to face rebellion and sedition charges that could land them in jail for 25 years.

Before the court session, the prime ministers of Spain and Belgium discussed their bilateral relations, which have been strained over the case of the Catalan officials who are wanted on a Spanish arrest warrant.

Puigdemont lawyer Paul Bekaert said after the first court session Friday that "we will argue the case on Dec. 4." Whatever decision is made at that stage, two appeals will be possible and a final ruling could well only come only after the Dec. 21 election day in Catalonia.

Bekaert said even though the prosecutor asked for the execution of the extradition request from Spain for the five, the defense lawyers could still give written arguments until early next month.



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